How do I collect a small claims court judgment from a business?
Collecting a small claims court judgment from a business can be done by executing a writ of execution. The writ of execution is a document issued by the court that notifies the defendant that the judgment needs to be paid. It also directs the sheriff of the county in which the business is located to seize assets of the business up to the amount of the judgment. If the business has assets, such as a bank account, then the sheriff will levy the account and disperse the funds to the plaintiff, or to the court where the plaintiff can collect the funds. If the business does not have enough assets to cover the entire judgment, then the plaintiff can take additional steps to collect the remainder. The plaintiff can attach a lien to any real estate owned by the defendant, meaning that the real estate cannot be sold until the judgment is paid. The plaintiff can also file a motion with the court to force the defendant to appear in court to disclose their financial information. This allows the plaintiff to see any other assets that the defendant may have, so they can take further action to seize those assets. In some cases, the court may also require the defendant to post a bond to guarantee payment of the judgment. This bond is usually in the same amount as the judgment, and when it is paid, the bond issuer pays the plaintiff the amount of the judgment. Finally, if a business does not comply with a court order for a judgment, a plaintiff may also file a petition for contempt, which allows the court to issue sanctions against the business, such as a fine or jail time. These sanctions can be used to encourage the business to comply with the judgment.
Related FAQs
Can I request a trial by written declaration in small claims court?What is the process for collecting a judgment from the other party in small claims court?
Is there a limit on the number of claims I can file in small claims court?
Is there a limit on the amount of time I can spend in small claims court?
When is the plaintiff's evidence due in a small claims court hearing?
What types of disputes are eligible for small claims court?
Can I submit evidence by mail in a small claims court case?
How do I obtain an interim order in a small claims court case?
What is the process for requesting a court trial in a small claims court case?
What is the difference between a motion for judgment and a motion for new trial in small claims court?
Related Blog Posts
What is Small Claims Court and How Does it Work? - July 31, 2023Maximizing Your Chances of Success in Small Claims Court - August 7, 2023
7 Tips For Submitting a Winning Small Claims Court Case - August 14, 2023
The Pros and Cons of Taking Your Case to Small Claims Court - August 21, 2023
Preparing for Your Small Claims Court Hearing - August 28, 2023